JUDGMENT

Amit Bansal, J. - The present appeal has been filed for setting aside the judgment of conviction and the order on sentence, both dated 28th October, 2020, passed by the learned Additional Sessions Judge (POCSO Act), Central District, Tis Hazari Courts, New Delhi.

2. Vide judgment of conviction, the appellant was convicted for the offences punishable under Section 376 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Vide order on sentence, the appellant was sentenced to rigorous imprisonment for a period of ten years for the conviction under Section 6 of the POCSO Act and to pay a fine of Rs.5,000/-. No sentence was awarded to the appellant under Section 376 of the IPC in view of Section 42 of the POCSO Act.

3. The brief facts of the case as set up by the prosecution are as follows:

3.1. On 8th August, 2016, a PCR call was received by the police from the father of the victim, regarding sexual assault on his daughter, who was aged six years at the time of the incident. Information was recorded and the police arrived at the residence of the victim.

3.2. The victim narrated to the police that on 5th August,